Planning on raping your spouse in Washington state? The consequences are about to get a lot tougher. Maybe. On Tuesday, lawmakers in the Evergreen State began considering House Bill 1108, which would remove the spousal exemption for third-degree rape and for "indecent liberties."
Washington already has partner rape provisions for first- and second-degree sexual assault – rape that includes violence, overt threat of violence, or is perpetrated on someone physically or mentally incapacitated. Yet the state's current legal system means that prosecutors have to pursue "lesser misdemeanor assault charges" in cases that would otherwise qualify as third-degree if the victim and assailant weren't married. Washington law defines third-degree rape as occurring when "that person engages in sexual intercourse, not married to the perpetrator … where the victim did not consent … to sexual intercourse and such lack of consent was clearly expressed by the victim's words or conduct." There you go. You can say no, clearly and explicitly, but if you're married and your assailant didn't slap you around, it's not rape.
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